Submission for Cannabis Bill for Private Use by Rastafari National Council

The Rastafari National Council (RNC) presents a submission to the Portfolio Committee of Justice and Correctional Services regarding the Cannabis Bill for Private Use. The RNC, representing over 3 million Rastafarians, emphasizes the importance of fair consultation, equality, and constitutional considerations in the drafting of the bill. The presentation highlights the constitutional principles of equality and references the Zondo Judgment, calling for the withdrawal of the current bill and the establishment of a new working group for inclusive public consultation. The RNC envisions cannabis playing a crucial role in South Africa's development and advocates for a comprehensive policy framework that addresses past inequalities.

• RNC
• Cannabis Bill
• Equality
• Consultation
• Constitutional

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1. Presentation to the portfolio committee of Justice and Correctional Services. Submission for the Cannabis Bill for Private Use Presentation Date: 1 September 2021 Presenter: Ras Sandile | RNC Secretary General

2. BACKGROUND The Rastafari National Council RNC is one of the first organizations to formally organize Rastafari under one constitution, this was established more two decades ago with aims of setting the Rastafari social and economical development as a key focus in light of the many social ills and inequalities that we face as a nation, at large. History has taught us that unity, organisation and clear communication is key to playing our part in society in line with the greater sentiments and noble aspirations of all mankind. We work very closely with the Churchical Order of the Nyahbinghi National Council NNC , The Rastafari United Front RUF and our collective platform for cannabis issues called the Rastafari Ganja Council RGC in making sure that our community enjoy the fruits of the new South Africa post-apartheid, we also partner with Cannabis Development Council of South Africa as the industry body. We are more than 3 Million Rastafarians in the country, we consulted with the above organization s and our members at large have to give a collective comment on the Cannabis Bill. We envisage this sacramental plant playing an important role as South African s primary reconstruction and development agent to put us at the forefront of the rapidly emerging global, multibillion-dollar cannabis industry worldwide and the African continent stand to benefit immensely. While applying our grassroots innovator s we will be able to address social change and economical relief. Key Points on Policy: It is imperative to state categorically in its form the Cannabis private use bill (2020) is unconstitutional, irrational and it has omitted the consultation with all stake holders during the drafting phase amidst the COVID 19 pandemic, the bill should be inclusive and address inequalities of the past. We request urgently that the bill be withdrawn and proper working group for drafting be established as well with new time frames to allow public consultation the duty to consult.

3. POINTS OF DISCUSSION 1. Section 9 of the Constitution of the Republic of South Africa Under the heading "Equality", the section states: 9. (1) Everyone is equal before the law and has the right to equal protection and benefit of the law. (2) Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken. (3) The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. (4) No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3). National legislation must be enacted to prevent or prohibit unfair discrimination. (5) Discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair. 2. Zondo Judgement In a unanimous judgment written by Zondo ACJ. As he then was, Constitutional Court declared that:- Section 4(b) of the Drug Act was unconstitutional and therefore, Invalid to the extent that it prohibits the use or of cannabis by an adult in private for the adult s personal consumption in private. Section of the Drug Act was constitutionally invalid to the extent that that it renders the use of possession of cannabis by an adult in private for that personal consumption in private and (c) Section 22A(g) (i) of the Medicines Act constitutionally invalid to the extent that it renders the use or passion of cannabis by an adult in private for that adult s personal consumption in private a criminal offence The Constitutional Courts suspended its order of in validity for a period of 24months (18 September 2020) to give Parliament an opportunity to correct the constitutional defects in the two Acts. The Constitutional Courts suspended its order of in validity for a period of 24months (18 September 2020) to give Parliament an opportunity to correct the constitutional defects in the two Acts.

4. RNC RECOMMENDATIONS 1. Total exemption of the Rastafari communities on cannabis Rastafari members have been killed, brutalized and left with criminal records we are unemployable during to the apartheid systems that has been oppressing us, on this new South Africa we are not expecting our government to continue with the same laws based the previous white monopoly system. 2. Rastafari to self-regulate We have been using Cannabis as a herb for over thousands of years, we promote clean cannabis, we know who is who in this industry, we a have database of various mansions and organizations of our community. We have our standard procedures and policies that we will appreciate to submit and present before the portfolio committee. 3. Reschedule the Herb (Cannabis) Based on the Judge Zondo court ruling Cannabis must be rescheduled from the drug trafficking act, no one is above the law Cannabis to fall under schedule (0) as it is a herb not a drug 3. Children s right to health and education and information, culture and religion Children to have access of the cannabis for all purposes excluding smoking Children to access cannabis education as the herb have over 50 uses and benefits from health to manufacturing During our religious and cultural ceremonies children must not be excluded but be considered in all aspects. 4. Committee to rewrite the bill It must be with inclusion of other relevant stakeholders including the Rastafari representatives from various organization s in the country. Relevant departments to consider Cannabis Bill on commercial or trading basis, for those who don t have lands to plant for personal purposes and to have access of the cannabis and the right to consider the trading as basic human right. A need to expand the constitution Court ruling of 2018 based on the right to privacy to include the ability to cultivate, extract process manufacture and cannabis-based products for recreational use, along the same lines that alcohol and tobacco urgently regulated.

5. CONCLUSION POINTS TO REMEMBER 1. Cannabis as a religious sacrament for personal use: Cannabis should be first viewed as religious sacrament to the Rastafari community in South Africa, this will ensure that members are given their due rights and freedoms to use cannabis for their spiritual and religious needs. Criminal Record Expungement for Rastafari community members who were arrested for possession of Cannabis while using it for their more 4000 old religious practice and spiritual upliftment. 2. Independent Regulation of Cannabis by Rastafari Community: Rastafari to be given a chance to propose their own Cannabis Regulatory Framework to manage the use of cannabis for religious and personal use as well as to discourage and prevent the misuse of cannabis among its among and the surrounding community especially the youth. Rastafari community to roll-out an Identification System for its certified producers and distributors among religious centres who will be a formal point of contact fro cannabis related activities. This will include licensing for Churches, permits for growers and distributors 3. Cannabis for the Economic Development of the Rastafari Community Once a regulation framework is established, Rastafari community should be part of the R28 Billion Cannabis Industry, in order to develop themselves with the available economic opportunities envisioned for the country by the 2030 NDP goals. 4. Cannabis as part of Rastafari Heritage and Cultural Identity Recognition of Cannabis as part of Rastafari Identity and Social Culture for historical, heritage, tourism and commercial purposes and should not be exploited as such except it be for medicinal purposes - without consultation with the Rastafari Communiy. 5. Proper Consultation with the Rastafari Community: Well-planned and timeous engagement with the Rastafari community on their concerns and challenges regarding cannabis use and laws.

6. THANK YOU!